This Just In: Recent civil filings in Jefferson County district courts

By Marilyn Tennissen | Jan 17, 2008

Jan. 9

  • Gricelda Alvarez vs. Wagner's Carnival et al

    PA - Jonathan Harris, J - Milton Shuffield

    Upset that her daughter spilled out of a "moonwalk" when a gust of wind knocked the inflatable playpen over, Gricelda Alvarez has filed suit against Central Mall in Nederland, where she and her young daughter attended the mini carnival.

    The suit names Wagner's Carnival, Ivey's Rides & Attractions, GG&A Central Mall Partners and All About Entertainment Inc. as defendants.

    Alvarez is suing for her daughter's past and future mental anguish, lost earning capacity, impairment and disfigurement.

    Case No. D180-998

    Jan. 10

  • Barney Tompkins vs. A.O. Smith Corp. et al

    PA � Bryan Blevins, J � Donald Floyd

    While he was alive, Barney Tompkins sued and received a claim for his asbestos-related disease. Now deceased, Tompkins' family is seeking compensation for a "different malignant asbestos-related injury."

    Provost Umphrey attorney Bryan Blevins filed suit on Tompkins behalf against the A.O. Smith Corp. and 59 other companies.

    In the suit, Blevins alleges that the A.O. Smith Corp. and 59 other companies knowingly and maliciously manufactured and distributed asbestos-containing products throughout Jefferson County.

    Case No. E181-002

    Jan. 11

  • Veronica and Alfred Allen vs. Club Tiffany et al

    PA � Gilbert Adams III, J � Gary Sanderson

    The murder of Marcus Allen made headlines in November after the young man was gunned down at a Port Arthur night club. Two months following the murder, Allen's parents, Veronica and Alfred Allen, have filed a lawsuit against Club Tiffany and owner Gerald Hatch, claiming the murder was negligently caused because of a lack of security.

    On Nov. 25, 2007, 19-year-old Marcus Allen was shot inside Club Tiffany's, a local hotspot located in the 1000 block of Houston Avenue. Allen, a 2006 Memorial High School graduate, was the ninth homicide victim in the city for 2007.

    Allen's parents are suing for punitive damages, the wages Allen would have earned over his lifetime, his mental anguish and funeral expenses, plus loss of love and companionship and all court costs.

    Case No. B180-004

    Jan. 14

  • Brian and Ahli Sparkman vs. Countrywide Home Loans

    PA � Wyatt Snider, J � Bob Wortham

    There seems to be no relief in sight for Countrywide Home Loans, as a new lawsuit alleging that lender stopped automatically withdrawing funds from a West End couple and wrongly foreclosed on their home was just filed.

    Brian and Ahli Sparkman allege Countrywide had been automatically drafting their mortgage payment from their bank account for one full year, then, for reasons unknown, stopped and foreclosed on them. The couple claims they didn't notice that the payment was no longer being withdrawn.

    In attempt to save their home, the Sparkmans filed a suit requesting injunctive relief on Jan. 14 in the Jefferson County District Court.

    That same day, Judge Gary Sanderson, 60th District Court, approved a temporary restraining order.

    Case No. A181-012

  • Searr Delcambre vs. A.O. Smith Corp. et al

    PA-Bryan Blevins, J � Donald Floyd

    During his career as a carpenter, Searr Delcambre presumably worked around asbestos. When developed and "asbestos-related disease," he sued and received a claim. Now deceased, Delcambre's family is seeking compensation for a "different malignant asbestos-related injury," which allegedly prematurely ended his life.

    Provost Umphrey attorney Bryan Blevins filed suit on Delcambre's behalf against the A.O. Smith Corp. and 67 other companies.

    Delcambre's family is suing for exemplary damages, plus physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses.

    Case No. E181-015

    Jan. 15

  • David Brian Austin vs. city of Beaumont

    PA � Michael Lindsay, J � Donald Floyd

    A temporary restraining order has stopped the city of Beaumont from demolishing what one man is calling an "historical building."

    David Brian Austin claims he is working his fastest to bring the building up to code but an impatient city refuses to shed the bulldozers. Hoping to save the 100-year-old building, Austin filed his application for a temporary and permanent injunction against the city in the Jefferson County District Court on Jan. 15.

    That same day Judge Donald Floyd, 172 nd Judicial District, approved a temporary restraining order. Once a hearing is scheduled, Austin will ask Judge Floyd to sign a permanent injunction, which would stop the city of demolishing the building.

    Case No. E181-018

  • Kathy Addison vs. Luby's Inc. et al

    PA � Dan Packard, J � Gary Sanderson

    Usually the only defect found at a Luby's is the long lines people must wait in to get a severing of its popular home-style potatoes.

    However, local resident Kathy Addison claims a "defect" in the Port Arthur Luby's parking lot caused her to trip and hurt her elbow.

    Claiming the restaurant negligently failed to inspect its premise, Addison filed a personal injury lawsuit against Luby's Inc. and Marvin Poer and Company in the Jefferson County District Court on
    Jan. 15.

    Addison is suing for past and future pain, mental anguish, disfigurement, impairment and medical expenses, plus attorney's fees and suit costs.

    Case No. B180-019

    Jan. 16

  • Charles Simmons vs. United Scaffolding Inc.

    PA � Matthew Matheny, J � Bob Wortham

    A collapsed scaffold has led to a suit against United Scaffolding, Inc. Charles Simmons, an Ohmested Industries employee, claims he fell and was injured when the scaffold failed.

    "As a result of the negligence of the Defendant, Plaintiff has sustained physical pain, mental anguish, physical impairment, physical disfigurement, has incurred reasonable and necessary medical and healthcare related expenses and, further, has sustained a loss of his earnings and/or earning capacity," the suit said. In all reasonable probability, all of these injuries, damages and losses will continue in the future."

    Case No. A181-025

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